1. Employee and Employer Contributions
Most 401(k) plans include both employee contributions (what you put in) and employer contributions (like matching funds or discretionary deposits). In divorce, both can be divided—but only if they were earned during the marriage. For example, if the participant contributed during the marriage and the employer matched those contributions, both should be accounted for in the QDRO.
However, you need to determine what was earned before vs. during vs. after the marriage. Establishing clear valuation dates (like the date of separation or divorce filing) is essential.

